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(영문) 춘천지방법원 강릉지원 2013.11.12 2013노134
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant does not inflict any injury on the victim E.

In light of the fact that the health of the accused of unfair sentencing is not good and that it is difficult to implement the community service order, the sentencing of the lower court (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, the victim made a statement that he was treated at the hospital because the police had the wall of the defendant, and the statement of the injury diagnosis (the “the left part” appears to be a clerical error in the “the front part”) also conforms to the above statement, and the defendant made a statement that the victim was injured due to the front part during the second trial of the court below (However, there was no circumstance to suspect the credibility of the above statement, and there was no circumstance to suspect the credibility of the above statement, it can be sufficiently recognized that the defendant had sufficiently recognized that the defendant had caused the victim’s injury to the victim by harming the victim while the victim was aware of the fact that he could suffer injury. Accordingly, this part of the defendant’s assertion is without merit.

As to the assertion of unfair sentencing, there are conditions favorable to the defendant, such as the following: (a) the degree of damage and injury to property due to the instant crime is easy, (b) the first offense and the lack of health due to lighting.

However, taking into account the above circumstances, the lower court’s sentencing is too unreasonable, taking into account the following circumstances: (a) the sentence of imprisonment with prison labor equivalent to the lower limit of the applicable sentences after discretionary mitigation; (b) the Defendant’s health status does not seem to be difficult to implement the community service order; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (d) all other circumstances constituting the conditions for sentencing as indicated in the instant case, such as the circumstances after the crime.

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